Pichette gets 60-day sentence

Already served 110 days

NEWPORT – Jason Pichette was sentenced to 60 days in jail for third-degree possession of stolen property by Pend Oreille County Superior Court Judge Pat Monasmith Thursday, Dec. 12. He was given credit for time served, more than 100 days, meaning he has completed the sentence.

A jury acquitted Pichette Dec. 3 of second- degree theft and third-degree malicious mischief following a two-day trial. They couldn’t reach a verdict on a third charge, second-degree possession of stolen property but did find him guilty on the lesser included charge of third-degree possession of stolen property, a reader board sign.

Prosecuting attorney Lori Preuss asked for the maximum sentence of 364 days in jail for Pichette. She told Monasmith that that the conditions of release for Pichette always included not getting any new charges and not possessing or consuming mind-altering substances. She said he was charged with two additional felonies and for driving under the influence after being released to attend treatment for alcohol and substance abuse. She said prosecution had been gracious in allowing Pichette to be released for the Veterans Administration treatment for alcohol and substance abuse.

“There’s never been any indication of taking responsibility in this case,” Preuss said. She said she was generous in allowing him to go to treatment because she believed Pichette had good intentions.

“But I no longer believe that,” she said. The victims were very angry with the state over how long it took to resolve the case and that Pichette had put them through “a lot of discomfort” in the way the case was drawn out, Preuss said.

When asked about Pichette’s criminal record, Preuss said that it was minor in Washington, a 2022 disorderly conduct charge and second-degree criminal trespassing from 2020. She said he had an unspecified Montana charge with an unspecified result. He had failed to appear in court in June. She thought he missed court because he was in jail in Idaho, she said Defense attorney Brett Billingsley said the 110 days served was sufficient on the charge for which the jury convicted Pichette. With Pichette’s minimal criminal record, he said that 364 days in jail would probably be 10 times what was required of sentencing for the gross misdemeanor.

“Possession of stolen property in the third degree means less than $750,” he said, meaning possessing stolen property valued at less than $750. “In this case, I don’t think there’s any basis for the time the state is requesting.”

Billingsley said that Pichette has Post Traumatic Stress Disorder. He said Pichette is sometimes verbally aggressive, something he needs to control, but is not violent.

Pichette, who had testified in his own trial, told Monasmith at sentencing that the treatment he went to was for PTSD. He said he had served in the military for 23 years, had been in combat four times, was honorably discharged and 100% medically disabled.

“I don’t sleep very well, I’m on some pretty heavy medications for my sleep and for my night terrors,” he said. “I went to that PTSD clinic for that. I did not go for any alcohol or substance abuse, like the prosecutor would like you to believe.”

He said he didn’t miss court because he was in jail in Idaho. He was living in Rockford, Wash., awaiting his next assignment as a wildland firefighter. On the court date he missed, he couldn’t get cell phone reception for the Zoom call for court. He appeared the next day, he said.

Pichette described this case and the two pending felony cases as small town drama. He said he and his wife were going through a divorce. The victim was his wife’s best friend, he said.

Monasmith rejected the prosecution’s recommendation for a maximum 364-day sentence.

“A person is going to get a maximum sentence from me when they’ve been here a lot for doing the same thing and not getting the message,” he said.

He said that wasn’t the case for Pichette, whose criminal history was limited. He said disorderly conduct was something he would occasionally see with sufferers of PTSD. He said criminal trespass was being somewhere the person wasn’t supposed to be but didn’t imply any violence.

“I see no basis for a maximum sentence,” Monasmith said.

He said that Pichette needed to stay out of trouble.

“If there are mental health things, if there are things you need to do, medications, meeting with a therapist, do it. Whatever you need to do to stay out of trouble,” he said.

Monasmith found Pichette, who said he gets VA medical disability of about $4,000 a month and has two dependent sons, indigent for purposes of fines and didn’t impose any. Nor did he impose additional conditions such as having no new law violations or for Pichette to not go on a certain property, as Preuss asked. He said he wouldn’t because that would imply suspended jail time could happen if Pichette violated those conditions.

“This case is over,” he said. “I think the jury spoke pretty clearly about that.”